Common use of Effects on Loan Documents Clause in Contracts

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any Agent under the Loan Documents. (i) Each Loan Party acknowledges and agrees that, on and after the Second Amendment Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) On and after the Second Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 2 contracts

Samples: Credit Agreement (International Seaways, Inc.), Credit Agreement (International Seaways, Inc.)

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Effects on Loan Documents. (a) Except On and after the Fifth Amendment Effective Date, (i) each reference in any Loan Document to “the Credit Agreement” shall mean and be a reference to the Amended Credit Agreement and each reference in the Existing Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Credit Agreement and (ii) each reference in any Loan Document to “the Security Agreement” shall mean and be a reference to the Security Agreement as specifically amended herein by this Amendment and each reference in the Security Agreement to “this Agreement,” “hereunder,” “hereof” or contemplated hereby, all Loan Documents words of like import shall continue mean and be a reference to be in full force and effect and are hereby in all respects ratified and confirmedthe Security Agreement as amended by this Amendment. (b) The Except as specifically set forth herein, the execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Administrative Agent or the Lenders or any Agent under the Loan Documents. (ic) Each Loan Party of the parties hereto acknowledges and agrees that, on and after the Second Fifth Amendment Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Amended Credit Agreement. (d) The parties hereto acknowledge and agree that the amendment of the Existing Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees this Amendment and all other Loan Documents amended and/or executed and delivered in accordance with the terms and provisions thereof and connection herewith shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit not constitute a novation of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the 5 Existing Credit Agreement and the other Loan Documents, Documents as in each case after giving effect prior to this Second Amendment. (d) On and after the Second Fifth Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 2 contracts

Samples: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) . The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (i) Each Loan Party . Holdings, the Borrowers and each of the Subsidiary Guarantors acknowledges and agrees that, on and after the Second First Amendment Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) Agreement. On and after the Second First Amendment Effective Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) . Nothing herein shall be deemed to entitle Holdings, the Borrowers, Holdings Borrowers nor the other Subsidiary Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 2 contracts

Samples: Credit Agreement (Cotiviti Holdings, Inc.), Credit Agreement (Cotiviti Holdings, Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The execution, delivery and effectiveness of this Second First Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Facility Agent or the Security Trustee under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Facility Agent or the Security Trustee under the Loan Documents. (i) Each Loan Security Party acknowledges and agrees that, on and after the Second First Amendment Effective Date, this Second First Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second First Amendment) and (ii) each Loan Security Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees set forth in Article VIII of the Credit Agreement in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second First Amendment, on and after the Second First Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second First Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second First Amendment. (d) On and after the Second First Amendment Effective Date, (i) each reference in the Credit Agreement (as amended by this Second First Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second First Amendment, and this Second First Amendment and the Credit Agreement as amended by this Second First Amendment shall be read together and construed as a single instrument, and (ii) the Incremental Commitments shall constitute part of the “Commitments” and “Total Commitments”. (e) Nothing herein shall be deemed to entitle the BorrowersBorrower, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second First Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (Eagle Bulk Shipping Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The . Except as specifically amended herein or contemplated hereby, the execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (i) Each Loan Party . The Borrower acknowledges and agrees that, on and after the Second Amendment Effective Date, this Second Amendment and each of the other Loan Documents to be executed and delivered by the Borrower in connection herewith shall constitute a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) Agreement. On and after the Second Amendment Effective Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Amended Credit Agreement as amended by this Second AmendmentAgreement, and this Second Amendment and the Amended Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) . Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors Borrower to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (B&G Foods, Inc.)

Effects on Loan Documents. (a) From and after the Amendment No. 2 Effective Date, each reference in the Amended Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall, unless expressly provided otherwise, mean and be a reference to the Amended Credit Agreement and each reference in each other Loan Document to the Credit Agreement (including by means of words like “thereunder,” “thereof” and words of like import) shall, unless expressly provided otherwise, mean and be a reference to the Amended Credit Agreement. (b) Except as specifically expressly set forth herein, each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect and each Loan Party reaffirms its obligations under each of the Loan Documents to which it is party (including, for the avoidance of doubt, the Guaranty Agreement), and confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Amended Credit Agreement. (c) Except as expressly amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (bd) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender Lender, the Administrative Agent or any Agent other Secured Party under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or any Agent of the other Secured Parties under the Loan Documents. (ie) Each Loan Party acknowledges The other parties hereto hereby acknowledge and agrees agree that, on from and after the Second Amendment No. 2 Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) On and after the Second Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Amended Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Nn Inc)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The execution, delivery and effectiveness of this Second First Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any Agent under the Loan Documents. (i) Each Loan Party acknowledges and agrees that, on and after the Second First Amendment Effective Date, this Second First Amendment shall constitute a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second First Amendment, on and after the Second First Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Amended Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second First Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Amended Credit Agreement and the other Loan Documents, in each case after giving effect to this Second First Amendment. (d) On and after the Second First Amendment Effective Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Amended Credit Agreement as amended by this Second AmendmentAgreement, and this Second First Amendment and the Amended Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the BorrowersBorrower, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (International Seaways, Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated herebyby and in accordance with this Joinder Agreement, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The . Except as provided herein, the execution, delivery and effectiveness of this Second Amendment Joinder Agreement shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (i) Each Loan Party acknowledges and agrees that, on and after the Second Amendment Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) . On and after (a) the Second Amendment Effective Date, each reference in the Existing Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Amended Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Amended Credit Agreement shall mean and be a reference to the Existing Credit Agreement as amended amended, supplemented or otherwise modified by this Second AmendmentJoinder Agreement, without giving effect to the Amendments, and by any other amendment effected on or about the date hereof, and (b) the Closing Date, each reference in the Amended Credit Agreement to “this Second Amendment Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Amended Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Amended Credit Agreement shall mean and be a reference to the Amended Credit Agreement as amended amended, supplemented or otherwise modified by this Second Amendment the Required Lender Amendments. This Joinder Agreement, any other amendment effected on about the date hereof and the Existing Credit Agreement shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Additional Facility Joinder Agreement (Liberty Latin America Ltd.)

Effects on Loan Documents. (a) SECTION 6.1 Except as specifically amended herein or contemplated herebyherein, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (ba) The execution, delivery and effectiveness of this Second First Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (ib) Each Loan Party acknowledges The Borrower and agrees the other parties hereto acknowledge and agree that, on and after the Second First Amendment Effective Date, this Second First Amendment and each of the other Loan Documents to be executed and delivered by a Loan Party shall constitute a Loan Document for all purposes of the Amended and Restated Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second AmendmentAgreement. (dc) On and after the Second First Amendment Effective Date, each reference in the Amended and Restated Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Amended and Restated Credit Agreement as amended by this Second AmendmentAgreement, and this Second First Amendment and the Amended and Restated Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (ed) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors Borrower to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended and Restated Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances. (e) Section headings used herein are for convenience of reference only, are not part of this First Amendment and are not to affect the construction of, or to be taken into consideration in interpreting, this First Amendment.

Appears in 1 contract

Samples: Credit Agreement (Signify Health, Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) . The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver waiver, release or discharge of any right, power or remedy of any Lender or any Agent the Agents under any of the Loan Documents, nor constitute a waiver waiver, release or discharge of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any Agent the Agents under the Loan Documents. (i) . Each Loan Party Borrower and each of the Subsidiary Guarantors acknowledges and agrees that, on and after the Second Eighth Amendment Effective Date, this Second Amendment and each of the other Loan Documents to be executed and delivered by the Borrower in connection herewith shall constitute a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) Agreement. On and after the Second Eighth Amendment Effective Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) . Nothing herein shall be deemed to entitle the Borrowers, Holdings Borrowers nor the other Subsidiary Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (Herbalife Ltd.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The . Except as specifically amended herein or contemplated hereby, the execution, delivery and effectiveness of this Second Third Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (i) Each Loan Party . The Borrower acknowledges and agrees that, on and after the Second Third Amendment Effective Date, this Second Third Amendment and each of the other Loan Documents to be executed and delivered by the Borrower in connection herewith shall constitute a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) Agreement. On and after the Second Third Amendment Effective Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Amended Credit Agreement as amended by this Second AmendmentAgreement, and this Second Third Amendment and the Amended Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) . Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors Borrower to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (B&G Foods, Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated herebyexpressly set forth herein, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The execution, delivery and effectiveness of this Second Third Amendment shall not operate as a waiver of any rightalter, power or remedy of any Lender or any Agent under any of the Loan Documentsmodify, nor constitute a waiver of any provision of the Loan Documents amend or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any Agent under the Loan Documents. (i) Each Loan Party acknowledges and agrees that, on and after the Second Amendment Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) On and after the Second Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other provision of the Credit Agreement or any other Loan Document and each and every such term, condition, obligation, covenant and agreement contained in similar the Credit Agreement or different circumstancesany other Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect and nothing herein can or may be construed as a novation thereof. Each of Holdings, the Borrower and each of the other Loan Parties (i) reaffirms its obligations under the Loan Documents to which it is a party, (ii) acknowledges and agrees that all of its obligations under the Security Agreement and the other Collateral Documents to which it is party are reaffirmed and remain in full force and effect on a continuous basis, (iii) reaffirms each Lien granted by it to the Collateral Agent for the benefit of the Secured Parties and the guarantees made pursuant to the Holdings Guaranty and the Subsidiary Guaranty to which it is a party and (iv) acknowledges and agrees that the grants of security interests by and the guarantees of the Loan Parties contained in the Holdings Guaranty, the Subsidiary Guaranty, the Security Agreement and the other Collateral Documents are, and shall remain, in full force and effect after giving effect to this Third Amendment. This Third Amendment shall constitute a “Loan Document” for purposes of the Credit Agreement and from and after the Third Amendment Effective Date, all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to such agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement, as amended by this Third Amendment. The Borrower hereby consents to this Third Amendment and confirms that all of its obligations under the Loan Documents to which it is a party shall continue to apply to the Credit Agreement, as amended hereby.

Appears in 1 contract

Samples: Credit Agreement (Syniverse Holdings Inc)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) . The execution, delivery and effectiveness of this Second First Amendment shall not operate as a waiver waiver, release or discharge of any right, power or remedy of any Lender or any the Term Loan B Agent under any of the Loan Documents, nor constitute a waiver waiver, release or discharge of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Term Loan B Agent under the Loan Documents. (i) . Each Loan Party Borrower and each of the Subsidiary Guarantors acknowledges and agrees that, on and after the Second First Amendment Effective Date, this Second First Amendment and each of the other Loan Documents to be executed and delivered by the Borrower in connection herewith shall constitute a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) Agreement. On and after the Second First Amendment Effective Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second First Amendment, and this Second First Amendment and the Credit Agreement as amended by this Second First Amendment shall be read together and construed as a single instrument. (e) . Nothing herein shall be deemed to entitle the Borrowers, Holdings Borrowers nor the other Subsidiary Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second First Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (Herbalife Nutrition Ltd.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated herebyexpressly set forth herein, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The execution, delivery and effectiveness of this Second Fifth Amendment shall not operate as a waiver of any rightalter, power or remedy of any Lender or any Agent under any of the Loan Documentsmodify, nor constitute a waiver of any provision of the Loan Documents amend or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any Agent under the Loan Documents. (i) Each Loan Party acknowledges and agrees that, on and after the Second Amendment Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) On and after the Second Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other provision of the Credit Agreement or any other Loan Document and the Credit Agreement, each other Loan Document and each and every such term, condition, obligation, covenant and agreement contained in similar the Credit Agreement or different circumstancesany other Loan Document (including, as amended by the First Amendment, the Second Amendment, the Third Amendment and the Fourth Amendment) is hereby ratified and re-affirmed in all respects and shall continue in full force and effect and nothing herein can or may be construed as a novation of the Credit Agreement or any other Loan Document. Each of the Borrower, Holdings and the Subsidiary Guarantors (i) reaffirms its obligations under the Loan Documents to which it is a party, (ii) acknowledges and agrees that all of its obligations under the Security Agreement and the other Collateral Documents to which it is party are reaffirmed and remain in full force and effect on a continuous basis, (iii) reaffirms each Lien granted by it to the Administrative Agent for the benefit of the Secured Parties and, in the case of Holdings and the Subsidiary Guarantors, the guarantees made pursuant to the Holdings Guaranty or the Subsidiary Guaranty, as applicable, and (iv) acknowledges and agrees that the grants of security interests under the Security Agreement and the other Collateral Documents to which it is a party and, in the case of Holdings and the Subsidiary Guarantors, the guarantees of it contained in the Holdings Guaranty or the Subsidiary Guaranty, as applicable, are, and shall remain, in full force and effect, in each case, after giving effect to this Fifth Amendment and including in respect of the New Extended Revolving Commitments (and all Credit Extensions made thereunder) and the Tranche C Term Facility (and the Tranche C Term Loans made thereunder). This Fifth Amendment shall constitute a “Loan Document” for purposes of the Credit Agreement and from and after the Fifth Amendment Effective Date, all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to such agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement, as amended by this Fifth Amendment. The Borrower hereby consents to this Fifth Amendment and confirms that all of its obligations under the Loan Documents to which it is a party shall continue to apply to the Credit Agreement, as amended by this Fifth Amendment. Additionally, the Lenders party hereto hereby consent to the terms of to the Credit Agreement, as amended prior to the date hereof and by this Fifth Amendment.

Appears in 1 contract

Samples: Credit Agreement (Syniverse Holdings Inc)

Effects on Loan Documents. (a) From and after the Amendment No. 3 Effective Date, each reference in the Amended Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall, unless expressly provided otherwise, mean and be a reference to the Amended Credit Agreement and each reference in each other Loan Document to the Credit Agreement (including by means of words like “thereunder,” “thereof” and words of like import) shall, unless expressly provided otherwise, mean and be a reference to the Amended Credit Agreement. (b) Except as specifically expressly set forth herein, each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect and each Loan Party reaffirms its obligations under each of the Loan Documents to which it is party (including, for the avoidance of doubt, the Guaranty Agreement), and confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Amended Credit Agreement. (c) Except as expressly amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (bd) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender Lender, the Administrative Agent or any Agent other Secured Party under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or any Agent of the other Secured Parties under the Loan Documents. (ie) Each Loan Party acknowledges The other parties hereto hereby acknowledge and agrees agree that, on from and after the Second Amendment No. 3 Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) On and after the Second Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Amended Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Nn Inc)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. 99695706. (b) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Facility Agent or the Security Trustee under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Facility Agent or the Security Trustee under the Loan Documents. (i) Each Loan Security Party acknowledges and agrees that, on and after the date of this Second Amendment Effective DateAmendment, this Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Security Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees set forth in Article VIII of the Credit Agreement in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the date of this Second Amendment Effective DateAmendment, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Finance Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) On and after the date of this Second Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (Eagle Bulk Shipping Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The . Except as specifically amended herein or contemplated hereby, the execution, delivery and effectiveness of this Second Fifth Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (i) Each Loan Party . The Borrower acknowledges and agrees that, on and after the Second Fifth Amendment Effective Date, this Second Fifth Amendment shall constitute a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) Agreement. On and after the Second Fifth Amendment Effective Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Amended Credit Agreement as amended by this Second AmendmentAgreement, and this Second Fifth Amendment and the Amended Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) . Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors Borrower to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.. ARTICLE V MISCELLANEOUS SECTION 5.1

Appears in 1 contract

Samples: Credit Agreement (Tutor Perini Corp)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The execution, delivery and effectiveness of this Second Third Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Facility Agent or the Security Trustee under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Facility Agent or the Security Trustee under the Loan Documents. (i) Each Loan Security Party acknowledges and agrees that, on and after the Second Third Amendment Effective Date, this Second Third Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Third Amendment) and (ii) each Loan Security Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees set forth in Article VIII of the Credit Agreement in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Third Amendment, on and after the Second Third Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Finance Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Third Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Third Amendment. (d) On and after the Second Third Amendment Effective Date, (i) each reference in the Credit Agreement (as amended by this Second Third Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Third Amendment, and this Second Third Amendment and the Credit Agreement as amended by this Second Third Amendment shall be read together and construed as a single instrument, and (ii) the 2020 Incremental Commitments shall constitute part of the “Commitments” and “Total Commitments”. (e) Nothing herein shall be deemed to entitle the BorrowersBorrower, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Third Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (Eagle Bulk Shipping Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated herebywaived hereby and provided herein, all terms, conditions, covenants, representations and warranties contained in the Credit Agreement and other Loan Documents Documents, and all rights of the Lenders and the Administrative Agent, shall continue to be remain in full force and effect effect, and are hereby in all respects ratified and confirmed. (b) The Except as specifically stated herein, the execution, delivery delivery, and effectiveness of this Second Amendment Agreement shall not (i) operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents Documents, (ii) create any obligation to continue to defer any enforcement action with respect to the Designated Defaults after the occurrence of any Forbearance Termination Event (or in with respect to an Event of Default not constituting a Designated Default after the date hereof), (iii) constitute a consent or waiver of any way limitpast, impair present or otherwise affect future violations, including the rights and remedies of the Lenders Designated Defaults or any Agent under the Loan Documents. (i) Each Loan Party acknowledges other Defaults and agrees thatEvents of Default, on and after the Second Amendment Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of any provisions of the Credit Agreement or any other Loan Documents, (iv) amend, modify, prejudice or operate as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness a waiver of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit any provision of the Credit Agreement or any other Loan Documents or, except as expressly set forth herein, any right, remedy, power or privilege of the Lenders and/or the Administrative Agent, (v) constitute a consent to any merger or other transaction or to any sale, restructuring or refinancing transaction, or (vi) constitute a course of dealing or other basis for altering any Secured Parties continue to be in full force Obligations or any other contract or instrument. Each of the Administrative Agent and effect on a continuous basis and (B) affirms, acknowledges and confirms each Lender reserves all of its obligations rights, remedies, powers, and liabilities privileges under the Credit Agreement and each Agreement, the other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue applicable Law and/or equity. (c) Nothing in full force and effect on a continuous basis in respect ofthis Agreement shall alter, and amend, modify, or extinguish the obligation of any the Borrower to secure, repay the Secured Obligations under the Credit Agreement and the other Loan Documents, and neither this Agreement nor any other document, agreement, or instrument executed or delivered in each case after giving effect connection herewith or related hereto constitutes a novation, satisfaction, release, or a modification of the Credit Agreement and the other Loan Documents, which Secured Obligations shall, to this Second Amendmentthe extent not paid on or prior to the Forbearance Effective Date, continue to be owing under the Credit Agreement or such other Loan Documents until paid in accordance therewith. (d) On The Borrower and after the Second Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit parties hereto acknowledge and agree that this Agreement shall mean and be constitute a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrumentLoan Document. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Forbearance Agreement (Rosehill Resources Inc.)

Effects on Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in any Loan Document to “the Credit Agreement” shall mean and be a reference to the Amended Credit Agreement and each reference in the Existing Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Credit Agreement. (b) Except as specifically amended herein or contemplated herebyherein, all Loan Documents (including all guarantees and Liens granted thereunder in respect of the Secured Obligations) shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Each Credit Party reaffirms its prior grant and the validity of the Liens granted by it pursuant to the Collateral Documents, with all such Liens continuing in full force and effect after giving effect to this Amendment. (bc) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Administrative Agent or the Lenders or any Agent under the Loan Documents. This Amendment and the Amended Credit Agreement shall not constitute a novation of the Existing Credit Agreement or the other Loan Documents. (id) Each Loan Party acknowledges The Borrower and agrees the other parties hereto acknowledge and agree that, on and after the Second Amendment No. 3 Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Amended Credit Agreement Agreement. (as amended by this Second Amendmente) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective DateEach Consenting Lender, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement New Lender and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and Revolving Lender acknowledges and agrees that such obligations upon the Amendment No. 3 Effective Date it shall be a “Lender” under, and liabilities continue in full force and effect on a continuous basis in respect for all purposes of, and to secure, the Obligations under the Amended Credit Agreement and the other Loan Documents, in each case after giving effect and shall be subject to this Second Amendment. (d) On and after bound by the Second Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreementterms thereof, and each reference in shall perform all the other Loan Documents to “Credit Agreement”, “obligations of and shall have all rights of a Lender thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (Circor International Inc)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The execution, delivery and effectiveness of this Second First Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents, nor shall such execution, delivery and effectiveness of this First Amendment and amendment to the Existing Credit Agreement constitute a novation of the Existing Credit Agreement or the other Loan Documents as in effect prior to the First Amendment Effective Date. (i) Each Loan Party of the Guarantors and the Borrower acknowledges and agrees that, on and after the Second First Amendment Effective Date, this Second First Amendment shall constitute a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party of the Guarantors and the Borrower for themselves, hereby (A) agrees that all Secured Obligations (including, without limitation, all obligations in respect of the 2020 Incremental Term Loans and the 2020 Incremental Revolving Facility Commitments) shall be guaranteed pursuant to the Guarantees each Loan Guaranty in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Collateral Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second First Amendment Effective Date, the Guarantees each Loan Guaranty and the Liens created pursuant to the Security Collateral Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis basis, (B) reaffirms its prior grant and the validity of the Liens granted by each Loan Party pursuant to the Collateral Documents with all such Liens continuing in full force and effect after giving effect to this First Amendment and (BC) affirms, acknowledges and confirms all of its obligations and liabilities under the Existing Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second First Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Existing Credit Agreement and the other Loan Documents, in each case after giving effect to this Second First Amendment. (d) On and after the Second First Amendment Effective Date, (i) each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Existing Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement shall mean and be a reference to the Amended Credit Agreement as amended by this Second AmendmentAgreement, and this Second First Amendment and the Amended Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument, (ii) the 2020 Incremental Term Loans shall constitute “Additional Term Loans” and “Term Loans” (other than for purposes of Section 2.01(a)), in each case, as applicable, under and defined in the Amended Credit Agreement, (iii) the 2020 Incremental Term Loan Lender shall constitute a “Lender”, an “Additional Term Lender” and a “Term Lender” (other than for purposes of Section 2.01(a) of the Existing Credit Agreement), in each case, under and defined in the Amended Credit Agreement, (iv) the 2020 Incremental Term Loan Commitment shall constitute an “Additional Commitment”, “Additional Term Loan Commitment” and “Term Commitment” (other than for purposes of Section 2.01(a) of the Existing Credit Agreement), (v) the Loans, if any, funded pursuant to the 2020 Incremental Revolving Facility Commitments shall constitute “Additional Loans” and “Revolving Loans”, in each case, as applicable, under and defined in the Amended Credit Agreement, (vi) the 2020 Incremental Revolving Facility Lender shall constitute a “Lender”, an “Additional Revolving Lender” and a “Revolving Lender”, in each case, under and defined in the Amended Credit Agreement, (vii) the 2020 Incremental Revolving Facility Commitment shall constitute an “Additional Commitment”, “Additional Revolving Credit Commitment” and “Revolving Commitment” and (viii) this First Amendment shall constitute an “Incremental Facility Amendment” under and as defined in the Amended Credit Agreement. This First Amendment shall not constitute a novation of the Existing Credit Agreement or any other Loan Document. (e) Nothing herein shall be deemed to entitle Holdings or the Borrowers, Holdings nor the other Guarantors Borrower to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (Olaplex Holdings, Inc.)

Effects on Loan Documents. (a) On and after the Tenth Amendment Effective Date, each reference in any Loan Document to “the Credit Agreement” shall mean and be a reference to the Amended Credit Agreement and each reference in the Existing Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Credit Agreement. (b) Except as specifically amended herein or contemplated herebyherein, all Loan Documents (including the Guaranties and all Liens granted thereunder in respect of the Obligations) shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Each Amendment Loan Party reaffirms its Guaranties and any prior grant and the validity of any Liens granted by it pursuant to the Collateral Documents, with all such Liens continuing to secure the applicable Obligations in full force and effect after giving effect to this Amendment. (bc) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Administrative Agent or the Lenders or any Agent under the Loan Documents. This Amendment and the Amended Credit Agreement shall not constitute a novation of the Existing Credit Agreement or the other Loan Documents. (id) Each Loan Party acknowledges The Company and agrees the other parties hereto acknowledge and agree that, on and after the Second Tenth Amendment Effective Date, this Second Amendment shall constitute an Additional Credit Extension Amendment and a Loan Document for all purposes of the Amended Credit Agreement. This Amendment shall constitute notice to the Administrative Agent required under Section 2.17(a) of the Existing Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant with respect to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second AmendmentIncremental Revolving Increase. (d) On and after the Second Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (WEX Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The execution, delivery and effectiveness of this Second First Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any Agent under the Loan Documents. (i) Each Loan Party acknowledges and agrees that, on and after the Second First Amendment Effective Date, this Second First Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second First Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second First Amendment, on and after the Second First Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second First Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second First Amendment. (d) On and after the Second First Amendment Effective Date, (i) each reference in the Credit Agreement (as amended by this Second First Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second First Amendment, and this Second First Amendment and the Credit Agreement as amended by this Second First Amendment shall be read together and construed as a single instrument, (ii) the July 2017 Incremental Term Loans shall constitute “Incremental Term Loans”, “Initial Term Loans”, “Loans” and “Term Loans”, in each case, as applicable, under and defined in the Credit Agreement, (iii) each July 2017 Incremental Term Loan Lender shall constitute a “Lender”, in each case, under and defined in the Credit Agreement, (iv) the July 2017 Incremental Term Loan Commitments shall constitute “Term Commitments” (other than for purposes of Section 2.01 of the Credit Agreement) and (v) this First Amendment shall constitute an “Incremental Loan Amendment” under and as defined in the Credit Agreement. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second First Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (International Seaways, Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any Agent under the Loan Documents.. ​ (c) (i) Each Loan Party acknowledges and agrees that, on and after the Second Amendment Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and the other Loan Documents and (ii) each Loan Party hereby hereby: (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Amended Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Amended Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) On and after the Second Amendment Effective Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Amended Credit Agreement as amended by this Second AmendmentAgreement, and this Second Amendment and the Amended Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the BorrowersBorrower, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (International Seaways, Inc.)

Effects on Loan Documents. (a) On and after the Third Amendment Effective Date, each reference in any Loan Document to “the Credit Agreement” shall mean and be a reference to the Amended Credit Agreement and each reference in the Existing Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Credit Agreement. (b) Except as specifically amended herein or contemplated herebyherein, all Loan Documents (including the Guaranties and all Liens granted thereunder in respect of the Obligations) shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Each Amendment Loan Party reaffirms its Guarantees and any prior grant and the validity of any Liens granted by it pursuant to the Collateral Documents, in each case, in accordance with the terms thereof, with all such Liens continuing to secure the applicable Obligations in full force and effect after giving effect to this Amendment. (bc) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Administrative Agent or the Lenders or any Agent under the Loan Documents. This Amendment and the Amended Credit Agreement shall not constitute a novation of the Existing Credit Agreement or the other Loan Documents. (id) Each Loan Party acknowledges The Company and agrees the other parties hereto acknowledge and agree that, on and after the Second Third Amendment Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and Agreement. The Administrative Agent acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in this Amendment shall constitute notice to the Administrative Agent required under Section 2.17(a) of the Existing Credit Agreement with respect of, and to secure, the Obligations 2023 Incremental Revolving Increase. The parties hereto acknowledge that this Amendment is an “Additional Credit Extension Amendment” for all purposes under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) On and after the Second Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Amended Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (WEX Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) . The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (i) . Each Loan Party acknowledges and agrees that, on and after the Second Third Amendment Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) Agreement. On and after the Second Third Amendment Effective Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) . Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors any Loan Party to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: First Lien Credit Agreement (ATI Physical Therapy, Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) . The execution, delivery and effectiveness of this Second First Amendment and the Amended Credit Agreement shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights rights, power and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (i) Each Loan Party . The Borrower and each of the Guarantors acknowledges and agrees that, on and after the Second First Amendment Effective Date, this Second First Amendment and each of the other Loan Documents to be executed and delivered by the Borrower or any Loan Party in connection herewith shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second First Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant , the “Amended Credit Agreement”). Prior to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) On and after the Second First Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “Term Loan” or “Term Loans” shall mean and be a reference to the existing Initial Term Loans, and from and after the First Amendment Effective Date, each such reference in the Amended Credit Agreement shall mean and be a reference to the New Term Loans. On and after the First Amendment Effective Date, each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second First Amendment, and this Second First Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) . Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors Borrower or any Loan Party to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (Versum Materials, Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The execution, delivery and effectiveness of this Second First Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents, nor shall such execution, delivery and effectiveness of this First Amendment and amendment to the Existing Credit Agreement constitute a novation of the Existing Credit Agreement or the other Loan Documents as in effect prior to the First Amendment Effective Date. (i) Each Loan Party of the Guarantors and the Borrower acknowledges and agrees that, on and after the Second First Amendment Effective Date, this Second First Amendment shall constitute a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party of the Guarantors and the Borrower for themselves, hereby (A) agrees that all Secured Obligations (including, without limitation, all obligations in respect of the 2020 Incremental Term Loans) shall be guaranteed pursuant to the Guarantees each Loan Guaranty in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Collateral Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second First Amendment Effective Date, the Guarantees each Loan Guaranty and the Liens created pursuant to the Security Collateral Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis basis, (B) reaffirms its prior grant and the validity of the Liens granted by each Loan Party pursuant to the Collateral Documents with all such Liens continuing in full force and effect after giving effect to this First Amendment and (BC) affirms, acknowledges and confirms all of its obligations and liabilities under the Existing Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second First Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Existing Credit Agreement and the other Loan Documents, in each case after giving effect to this Second First Amendment. (d) On and after the Second First Amendment Effective Date, (i) each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Existing Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement shall mean and be a reference to the Amended Credit Agreement as amended by this Second AmendmentAgreement, and this Second First Amendment and the Amended Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument, (ii) the 2020 Incremental Term Loans shall constitute “Additional Term Loans” and “Term Loans” (other than for purposes of Section 2.01(a)), in each case, as applicable, under and defined in the Amended Credit Agreement, (iii) the 2020 Incremental Term Loan Lender shall constitute a “Lender”, an “Additional Lender” and a “Term Lender” (other than for purposes of Section 2.01(a) of the Existing Credit Agreement), in each case, under and defined in the Amended Credit Agreement, (iv) the 2020 Incremental Term Loan Commitment shall constitute an “Additional Commitment” and “Term Commitment” (other than for purposes of Section 2.01(a) of the Existing Credit Agreement) and (v) this First Amendment shall constitute an “Incremental Facility Amendment” under and as defined in the Amended Credit Agreement. This First Amendment shall not constitute a novation of the Existing Credit Agreement or any other Loan Document. (e) Nothing herein shall be deemed to entitle Holdings, the Borrowers, Holdings nor the other Guarantors Borrower or any Subsidiary Guarantor to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: First Lien Credit Agreement (Dragoneer Growth Opportunities Corp.)

Effects on Loan Documents. (a) SECTION 7.1 Except as specifically amended herein or contemplated herebyherein, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) SECTION 7.2 The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (i) Each Loan Party acknowledges SECTION 7.3 The Borrowers and agrees the other parties hereto acknowledge and agree that, on and after the Second First Amendment Effective Date and the Repricing Amendment Effective Date, as applicable, this Second Amendment and each of the other Loan Documents to be executed and delivered by a Loan Party on such dates shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second AmendmentAgreement. (d) SECTION 7.4 On and after the Second First Amendment Effective Date and the Repricing Effective Date, as applicable, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendmenthereby, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) SECTION 7.5 Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors any Loan Party to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances. SECTION 7.6 Section headings used herein are for convenience of reference only, are not part of this Amendment and are not to affect the construction of, or to be taken into consideration in interpreting, this Amendment.

Appears in 1 contract

Samples: Credit Agreement (Exopack Holding Corp)

Effects on Loan Documents. (a) This Amendment shall not constitute an amendment to or waiver of any provision of the Credit Agreement or the other Loan Documents, except as expressly stated herein and shall not be construed as a consent to any action on the part of the Borrower or any other Loan Party that would require an amendment, waiver or consent of the Administrative Agent or the Lenders, except as expressly stated herein. Except as specifically amended herein or contemplated herebyherein, the Credit Agreement and all other Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (ic) Each Loan Party acknowledges The Borrower and agrees the Administrative Agent acknowledge and agree that, on and after the Second Amendment Effective Date, this Second Amendment shall constitute and be designated as a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second AmendmentAgreement. (d) On and after the Second Amendment Effective Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Amended Credit Agreement as amended by this Second AmendmentAgreement, and this Second Amendment and the Amended Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors any Loan Party to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances. (f) The parties hereto acknowledge and agree that (i) this Amendment and any other Loan Document executed and delivered in connection herewith do not constitute a novation, or termination of the Obligations under the Credit Agreement as in effect prior to the Amendment Effective Date; and (ii) such Obligations are in all respects continuing (as amended hereby) with only the terms thereof being modified to the extent expressly provided in this Amendment.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Cboe Global Markets, Inc.)

Effects on Loan Documents. (a) SECTION 7.1 Except as specifically amended herein or contemplated herebyherein, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (ba) The execution, delivery and effectiveness of this Second Amendment No. 4 shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (ib) Each Loan Party acknowledges The Borrower and agrees the other parties hereto acknowledge and agree that, on and after the Second Amendment No. 4 Effective Date, (i) this Second Amendment No. 4 and each of the other Loan Documents to be executed and delivered by a Loan Party shall constitute a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations this Amendment No. 4 shall be guaranteed constitute an Extension Amendment pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit Section 2.19 of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second AmendmentAgreement. (dc) On and after the Second Amendment No. 4 Effective Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Amended Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrumentAgreement. (ed) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors Borrower to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Amended Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances. (e) Section headings used herein are for convenience of reference only, are not part of this Amendment No. 4 and are not to affect the construction of, or to be taken into consideration in interpreting, this Amendment No. 4.

Appears in 1 contract

Samples: Credit Agreement (Builders FirstSource, Inc.)

Effects on Loan Documents. (a) SECTION 6.1 Except as specifically amended herein or contemplated herebyherein, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (ba) The execution, delivery and effectiveness of this Second Fourth Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (ib) Each Loan Party acknowledges The Borrower and agrees the other parties hereto acknowledge and agree that, on and after the Second Fourth Amendment Effective Date, this Second Fourth Amendment and each of the other Loan Documents to be executed and delivered by a Loan Party in connection herewith shall constitute a Loan Document for all purposes of the Existing Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second AmendmentAgreement. (dc) On and after the Second Fourth Amendment Effective Date, each reference in the Existing Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Existing Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement shall mean and be a reference to the Existing Credit Agreement Agreement, as amended by this Second Fourth Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (ed) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors Borrower to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances. (e) Section headings used herein are for convenience of reference only, are not part of this Fourth Amendment and are not to affect the construction of, or to be taken into consideration in interpreting, this Fourth Amendment.

Appears in 1 contract

Samples: Credit Agreement (Sinclair Broadcast Group Inc)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated herebymodified herein, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The Except as specifically provided for herein, the execution, delivery and effectiveness of this Second Incremental Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Administrative Agent or the Lenders or any Agent under the Loan Documents. (ic) Each Loan Party acknowledges The Borrower and agrees that, on the other parties hereto hereby acknowledge and after the Second Amendment Effective Date, agree that this Second Incremental Amendment shall constitute a Loan Document for all purposes of Document” as such term is used in the Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereofAgreement, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) On and after the Second Amendment Effective Date, each reference in the Credit Agreement to the “Loan Documents” shall be deemed to include this Incremental Amendment. On and after the New Term Loan Closing Date, (as amended by this Second Amendmenti) each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to the “Credit Agreement”, “thereunder”, “thereof”, “therein” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Incremental Amendment, and (ii) each reference in the 2006 Security Agreement to “this Second Amendment Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the 2006 Security Agreement, and each reference in the Credit other Loan Documents to the “Security Agreement”, “thereunder”, “thereof”, “therein” or words of like import referring to the 2006 Security Agreement shall mean and be a reference to the 2006 Security Agreement as amended by this Second Amendment shall be read together and construed as a single instrumentIncremental Amendment. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Incremental Amendment (Freescale Semiconductor Holdings I, Ltd.)

Effects on Loan Documents. (a) This Amendment shall not constitute an amendment to or waiver of any provision of the Credit Agreement or the other Loan Documents, except as expressly stated herein and shall not be construed as a consent to any action on the part of the Borrower or any other Loan Party that would require an amendment, waiver or consent of the Administrative Agent or the Lenders, except as expressly stated herein. Except as specifically amended herein or contemplated herebyherein, the Credit Agreement and all other Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (ic) Each Loan Party acknowledges The Borrower and agrees the Administrative Agent acknowledge and agree that, on and after the Second Amendment Effective Date, this Second Amendment shall constitute and be designated as a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second AmendmentAgreement. (d) On and after the Second Amendment Effective Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Amended Credit Agreement as amended by this Second AmendmentAgreement, and this Second Amendment and the Amended Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors any Loan Party to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances. (f) The parties hereto acknowledge and agree that (i) this Amendment and any other Loan Document executed and delivered in connection herewith do not constitute a novation, or termination of the Obligations under the Credit Agreement as in effect prior to the Second Amendment Effective Date; and (ii) such Obligations are in all respects continuing (as amended hereby) with only the terms thereof being modified to the extent expressly provided in this Amendment.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Cboe Global Markets, Inc.)

Effects on Loan Documents. (a) On and after the Closing Date, each reference in any Loan Document to “the Credit Agreement” shall mean and be a reference to the Amended and Restated Credit Agreement and each reference in the Amended and Restated Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended and Restated Credit Agreement. (b) Except as specifically amended herein or contemplated herebyherein, all Loan Documents (including the Guaranties and all Liens granted thereunder in respect of the Obligations) shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Each Restatement Loan Party reaffirms its Guaranties and any prior grant and the validity of any Liens granted by it pursuant to the Collateral Documents, with all such Liens continuing to secure the applicable Obligations in full force and effect after giving effect to this Restatement Agreement. (bc) The execution, delivery and effectiveness of this Second Amendment Restatement Agreement shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Administrative Agent or the Lenders or any Agent under the Loan Documents. This Restatement Agreement and the Amended and Restated Credit Agreement shall not constitute a novation of the Existing Credit Agreement or the other Loan Documents. (id) Each Loan Party acknowledges The Company and agrees the other parties hereto acknowledge and agree that, on and after the Second Amendment Effective Closing Date, this Second Amendment Restatement Agreement shall constitute a Loan Document for all purposes of the Amended and Restated Credit Agreement. This Restatement Agreement shall constitute notice to the Administrative Agent required under Section 2.17(a) of the Amended and Restated Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant with respect to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees Incremental Term Increase and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and Incremental Revolving Increase. Each party hereto acknowledges and agrees that such obligations the Term A Loans, Term B Loans and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations Revolving Credit Commitments under the Amended and Restated Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) On and after the Second Amendment Effective Date, each reference in the constitute Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrumentRefinancing Indebtedness. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Restatement Agreement (WEX Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The execution, delivery and effectiveness of this Second First Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents, nor shall such execution, delivery and effectiveness of this First Amendment and amendment to the Existing Credit Agreement constitute a novation of the Existing Credit Agreement or the other Loan Documents as in effect prior to the Amendment Effective Date. (i) Each Loan Party of the Parent and the Borrower (for themselves and on behalf of the Subsidiary Guarantors) acknowledges and agrees that, on and after the Second Amendment Effective Date, this Second First Amendment shall constitute a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party of the Parent and the Borrower (for themselves and on behalf of the Subsidiary Guarantors) hereby (A) agrees that all Secured Obligations shall be guaranteed pursuant to the Guarantees each Guaranty in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Collateral Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second First Amendment, on and after the Second Amendment Effective Date, the Guarantees each Guaranty and the Liens created pursuant to the Security Collateral Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis basis, (B) reaffirms its prior grant and the validity of the Liens granted by each Loan Party pursuant to the Collateral Documents with all such Liens continuing in full force and effect after giving effect to this First Amendment and (BC) affirms, acknowledges and confirms all of its obligations and liabilities under the Existing Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second First Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Existing Credit Agreement and the other Loan Documents, in each case after giving effect to this Second First Amendment. (d) On and after the Second Amendment Effective Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Existing Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “Existing Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement shall mean and be a reference to the Amended Credit Agreement as amended by this Second AmendmentAgreement, and this Second First Amendment and the Amended Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (Farfetch LTD)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) . The execution, delivery and effectiveness of this Second First Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (i) Each Loan Party . Holdings, the Borrowers and each of the Subsidiary Guarantors acknowledges and agrees that, on and after the Second First Amendment Effective Date, this Second First Amendment shall constitute a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) Agreement. On and after the Second First Amendment Effective Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second First Amendment, and this Second First Amendment and the Credit Agreement as amended by this Second First Amendment shall be read together and construed as a single instrument. (e) . Nothing herein shall be deemed to entitle Holdings, the Borrowers, Holdings Borrowers nor the other Subsidiary Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second First Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (Cotiviti Holdings, Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) . The execution, delivery and effectiveness of this Second Sixth Amendment shall not operate as a waiver waiver, release or discharge of any right, power or remedy of any Lender or any the Pro Rata Agent under any of the Loan Documents, nor constitute a waiver waiver, release or discharge of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Pro Rata Agent under the Loan Documents. (i) . Each Loan Party Borrower and each of the Subsidiary Guarantors acknowledges and agrees that, on and after the Second Sixth Amendment Effective Date, this Second Sixth Amendment and each of the other Loan Documents to be executed and delivered by the Borrower in connection herewith shall constitute a Loan Document for all purposes of the Credit Agreement (Agreement, as amended by this Second Sixth Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) . On and after the Second Sixth Amendment Effective Date, each reference in the Credit Agreement (Agreement, as amended by this Second Sixth Amendment) , to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Sixth Amendment, and this Second Sixth Amendment and the Credit Agreement as amended by this Second Sixth Amendment shall be read together and construed as a single instrument. (e) . Nothing herein shall be deemed to entitle the Borrowers, Holdings Borrowers nor the other Subsidiary Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Sixth Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (Herbalife Ltd.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) . The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (i) . Each Revolving Borrower and each other Loan Party acknowledges and agrees that, on and after the Second Amendment Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) Agreement. On and after the Second Amendment Effective Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) . Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the Revolving Borrowers or any other Guarantors Loan Party to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (Icon PLC)

Effects on Loan Documents. (a) On and as of the Amendment No. 1 Effective Date, each reference in any Loan Document to “the Credit Agreement” shall mean and be a reference to the Amended Credit Agreement and each reference in the Amended Credit Agreement to “this Amendment,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Credit Agreement. (b) Except as specifically amended herein or contemplated hereby, all Loan Documents and the obligations of the Loan Parties under the Loan Documents shall continue to be in full force and effect and are hereby ratified and confirmed in all respects and shall not be affected by this Amendment. The Borrower hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party and confirms that each Loan Document to which such Loan Party is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmedconfirmed in all respects and shall remain in full force and effect according to its terms, and (ii) ratifies and reaffirms its prior grant and the validity of the Liens and security interests made pursuant to the Security Documents and confirms that all such Liens and security interests continue in full force and effect to secure the Obligations under the Loan Documents after giving effect to this Amendment. Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Borrower under the Loan Documents, as amended by, and after giving effect to, this Amendment. (bc) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Agent or the Lenders or any Agent under the Loan Documents. This Amendment and the Amended Credit Agreement shall not constitute a novation of the Existing Credit Agreement or the other Loan Documents. (id) Each Loan Party acknowledges The Borrower and agrees the other parties hereto acknowledge and agree that, on and after the Second Amendment No. 1 Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) On and after the Second Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Amended Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Abl Credit Agreement (Mallinckrodt PLC)

Effects on Loan Documents. (a) On and after the Eleventh Amendment Effective Date, each reference in any Loan Document to “the Credit Agreement” shall mean and be a reference to the Amended Credit Agreement and each reference in the Existing Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Credit Agreement. For the avoidance of doubt, the delivery by the Company of that certain LCT Election, dated as of January 24, 2020, in connection with the eNett/Optal Acquisition remains valid and in full force and effect. (b) Except as specifically amended herein or contemplated herebyherein, all Loan Documents (including the Guaranties and all Liens granted thereunder in respect of the Obligations) shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Each Amendment Loan Party reaffirms its Guaranties and any prior grant and the validity of any Liens granted by it pursuant to the Collateral Documents, with all such Liens continuing to secure the applicable Obligations in full force and effect after giving effect to this Amendment. (bc) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Administrative Agent or the Lenders or any Agent under the Loan Documents. This Amendment and the Amended Credit Agreement shall not constitute a novation of the Existing Credit Agreement or the other Loan Documents. (id) Each Loan Party acknowledges The Company and agrees the other parties hereto acknowledge and agree that, on and after the Second Eleventh Amendment Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) On and after the Second Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Amended Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (WEX Inc.)

Effects on Loan Documents. (a) This Amendment shall not constitute an amendment to or waiver of any provision of the Credit Agreement or the other Loan Documents, except as expressly stated herein and shall not be construed as a consent to any action on the part of the Borrower or any other Loan Party that would require an amendment, waiver or consent of the Administrative Agent or the Lenders, except as expressly stated herein. Except as specifically amended herein or contemplated herebyherein, the Credit Agreement and all other Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (ic) Each Loan Party acknowledges The Borrower and agrees the Administrative Agent acknowledge and agree that, on and after the Second Third Amendment Effective Date, this Second Amendment shall constitute and be designated as a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second AmendmentAgreement. (d) On and after the Second Third Amendment Effective Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Amended Credit Agreement as amended by this Second AmendmentAgreement, and this Second Amendment and the Amended Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors any Loan Party to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances. (f) The parties hereto acknowledge and agree that (i) this Amendment and any other Loan Document executed and delivered in connection herewith do not constitute a novation, or termination of the Obligations under the Credit Agreement as in effect prior to the Third Amendment Effective Date; and (ii) such Obligations are in all respects continuing (as amended hereby) with only the terms thereof being modified to the extent expressly provided in this Amendment.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Cboe Global Markets, Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) . The execution, delivery and effectiveness of this Second First Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (i) . Each Loan Party Borrower and each of the Guarantors acknowledges and agrees that, on and after the Second First Amendment Effective Date, this Second First Amendment and each of the other Loan Documents to be executed and delivered by any Borrower or any Loan Party in connection herewith shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second First Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant , the "Amended Credit Agreement"). Prior to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) On and after the Second First Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to "Term Loan" or "Term Loans" shall mean and be a reference to the Existing Term Loans, and from and after the First Amendment Effective Date, each such reference in the Amended Credit Agreement shall mean and be a reference to the New Term Loans. On and after the First Amendment Effective Date, each reference in the Amended Credit Agreement to "this Agreement", "hereunder", "hereof", "herein" or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "Credit Agreement", "thereunder", "thereof" or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second First Amendment, and this Second First Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) . Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors any Borrower or any Loan Party to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (GCP Applied Technologies Inc.)

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Effects on Loan Documents. (a) SECTION 6.1 Except as specifically amended herein or contemplated herebyherein, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (ba) The execution, delivery and effectiveness of this Second First Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (ib) Each Loan Party acknowledges The Borrower and agrees the other parties hereto acknowledge and agree that, on and after the Second First Amendment Effective Date, this Second Amendment First Amendment, the Joinders, the Acknowledgements and each of the other Loan Documents to be executed and delivered by a Loan Party shall constitute a Loan Document for all purposes of the Amended and Restated Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second AmendmentAgreement. (dc) On and after the Second First Amendment Effective Date, each reference in the Amended and Restated Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Amended and Restated Credit Agreement as amended by this Second AmendmentAgreement, and this Second First Amendment and the Amended and Restated Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (ed) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors Borrower to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended and Restated Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances. (e) Section headings used herein are for convenience of reference only, are not part of this First Amendment and are not to affect the construction of, or to be taken into consideration in interpreting, this First Amendment.

Appears in 1 contract

Samples: Credit Agreement (Builders FirstSource, Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated herebyherein, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The Except as expressly provided herein, the execution, delivery and effectiveness of this Second Amendment Agreement shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any Agent under the Loan Documents. (ic) The Borrower and the other parties hereto acknowledge and agree that this Agreement shall constitute a Loan Document. (d) Each Loan Party hereby (i) acknowledges the existence, validity and agrees thatenforceability of this Agreement, on (ii) confirms and after the Second Amendment Effective Date, this Second Amendment shall constitute a Loan Document for ratifies all purposes of its obligations under the Credit Agreement (immediately after giving effect to this Agreement), the Security Agreement, the Mortgages, each other Collateral Document and the other Loan Documents to which it is a party, including its respective guarantees, pledges, grants of security interests and other obligations, as amended by this Second Amendment) applicable, under and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant subject to the Guarantees terms of the Security Agreement, the Mortgages, each other Collateral Document and each of the other Loan Documents, in accordance with each case, to which it is party, (iii) ratifies and reaffirms the terms validity, enforceability and provisions thereof perfection of the Liens and shall be secured pursuant security interests granted by it to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents Administrative Agent for the benefit of the Secured Parties to secure any of its Obligations (including after giving effect to this Agreement) pursuant to the Collateral Documents to which it is a party and (iv) agrees that such guarantees, pledges, grants of security interests and other obligations, and the terms of the Security Agreement, the Mortgages, each other Collateral Document and each of the other Loan Documents, in each case, to which it is a party, are not impaired or adversely affected in any manner whatsoever and shall continue to be in full force and effect on a continuous basis in accordance with their terms. The parties hereto acknowledge and agree that all references to the “Credit Agreement” (Bor words of similar import) affirms, acknowledges and confirms all of its obligations and liabilities under in the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secureSecurity Agreement, the Obligations under the Credit Agreement Mortgages and the other Loan Documents, in Documents (including each case after giving effect to this Second Amendment. (dCollateral Document) On and after the Second Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference refer to the Credit Agreement as amended and supplemented by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrumentAgreement. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (Western Refining Logistics, LP)

Effects on Loan Documents. (a) SECTION 6.1 Except as specifically amended herein or contemplated herebyherein, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (ba) The execution, delivery and effectiveness of this Second Fifth Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (ib) Each Loan Party acknowledges The Borrower and agrees the other parties hereto acknowledge and agree that, on and after the Second Fifth Amendment Effective Date, this Second Fifth Amendment and each of the other Loan Documents to be executed and delivered by a Loan Party shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second AmendmentAgreement. (dc) On and after the Second Fifth Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second AmendmentAgreement, and this Second Fifth Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (ed) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors Borrower to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances. (e) Section headings used herein are for convenience of reference only, are not part of this Fifth Amendment and are not to affect the construction of, or to be taken into consideration in interpreting, this Fifth Amendment.

Appears in 1 contract

Samples: Credit Agreement (Signify Health, Inc.)

Effects on Loan Documents. (a) From and after the Amendment Effective Date, each reference in the Amended Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall, unless expressly provided otherwise, mean and be a reference to the Amended Credit Agreement and each reference in each other Loan Document to the Credit Agreement (including by means of words like “thereunder,” thereof” and words of like import) shall, unless expressly provided otherwise, mean and be a reference to the Amended Credit Agreement. (b) Except as specifically expressly set forth herein, each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect and each Loan Party reaffirms its obligations under each of the Loan Documents to which it is party (including, for the avoidance of doubt, the Guaranty Agreement), and confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Amended Credit Agreement. (c) Except as expressly amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (bd) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender Lender, the Administrative Agent or any Agent other Secured Party under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or any Agent of the other Secured Parties under the Loan Documents. (ie) Each Loan Party acknowledges The other parties hereto hereby acknowledge and agrees agree that, on from and after the Second Amendment Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) On and after the Second Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Amended Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Nn Inc)

Effects on Loan Documents. (a) This Amendment shall not constitute an amendment to or waiver of any provision of the Credit Agreement or the other Loan Documents, except as expressly stated herein and shall not be construed as a consent to any action on the part of the Company or any other Loan Party that would require an amendment, waiver or consent of the Administrative Agent or the Lenders, except as expressly stated herein. Except as specifically amended herein or contemplated herebyherein, the Credit Agreement and all other Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (ic) Each Loan Party acknowledges The Company and agrees the Administrative Agent acknowledge and agree that, on and after the Second Amendment Effective Date, this Second Amendment shall constitute and be designated as a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second AmendmentAgreement. (d) On and after the Second Amendment Effective Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Amended Credit Agreement as amended by this Second AmendmentAgreement, and this Second Amendment and the Amended Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors any Loan Party to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances. (f) The parties hereto acknowledge and agree that (i) this Amendment and any other Loan Document executed and delivered in connection herewith do not constitute a novation, or termination of the Obligations under the Credit Agreement as in effect prior to the Amendment Effective Date; and (ii) such Obligations are in all respects continuing (as amended hereby) with only the terms thereof being modified to the extent expressly provided in this Amendment.

Appears in 1 contract

Samples: Credit Agreement (Cboe Global Markets, Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) . The execution, delivery and effectiveness of this Second Seventh Amendment shall not operate as a waiver waiver, release or discharge of any right, power or remedy of any Lender or any the Pro Rata Agent under any of the Loan Documents, nor constitute a waiver waiver, release or discharge of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Pro Rata Agent under the Loan Documents. (i) . Each Loan Party Borrower and each of the Subsidiary Guarantors acknowledges and agrees that, on and after the Second Seventh Amendment Effective Date, this Second Seventh Amendment and each of the other Loan Documents to be executed and delivered by the Borrower in connection herewith shall constitute a Loan Document for all purposes of the Credit Agreement (Agreement, as amended by this Second Seventh Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) . On and after the Second Seventh Amendment Effective Date, each reference in the Credit Agreement (Agreement, as amended by this Second Seventh Amendment) , to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Seventh Amendment, and this Second Seventh Amendment and the Credit Agreement as amended by this Second Seventh Amendment shall be read together and construed as a single instrument. (e) . Nothing herein shall be deemed to entitle the Borrowers, Holdings Borrowers nor the other Subsidiary Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Seventh Amendment or any other Loan Document in similar or different circumstances.. US-DOCS\141526972.4

Appears in 1 contract

Samples: Credit Agreement (Herbalife Ltd.)

Effects on Loan Documents. (a) Except as specifically expressly amended herein or contemplated herebyherein, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The Except as expressly set forth herein, the execution, delivery and effectiveness of this Second Amendment Fifth Amendment, Accession and Fee Agreement shall not operate as a waiver of any right, power or remedy of any Lender Lender, the Administrative Agent or any the Collateral Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or any the Collateral Agent under the Loan Documents. (i) Each Loan Party acknowledges and agrees that, on and after the Second Amendment Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (dc) On and after the Second Fifth Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Existing Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “Existing Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second AmendmentAgreement, and this Second Amendment Fifth Amendment, Accession and Fee Agreement and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (ed) Nothing herein shall be deemed to entitle the BorrowersNew Parent, Holdings nor the Borrower or any other Guarantors Loan Party to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances. (e) Nothing herein contained is intended by the parties to be, or shall be, construed as a substitution or novation of the instruments, documents and agreements securing the Obligations, which shall remain in full force and effect. Nothing in this Fifth Amendment, Accession and Fee Agreement shall be construed as a release or other discharge of any Loan Party from any of its obligations and liabilities under the Loan Documents, all of which are continued on the terms set forth in the Credit Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Coupang, Inc.)

Effects on Loan Documents. (a) On and as of the PSA Amendment No. 1 Effective Date, each reference in any Loan Document to “the Sale Agreement” shall mean and be a reference to the Amended Sale Agreement and each reference in the Amended Sale Agreement to “this Amendment,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Sale Agreement. (b) Except as specifically amended herein or contemplated hereby, all Loan Documents and the obligations of the Loan Parties under the Loan Documents shall continue to be in full force and effect and are hereby ratified and confirmed in all respects and shall not be affected by this PSA Amendment. Each Originator hereby ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party and confirms that each Loan Document to which such Loan Party is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmedconfirmed in all respects and shall remain in full force and effect according to its terms, and (ii) ratifies and reaffirms its prior grant and the validity of the Liens and security interests made pursuant to the Sale Agreement and confirms that all such Liens and security interests continue in full force and effect under the Loan Documents after giving effect to this PSA Amendment. Without limiting the generality of the foregoing, such security interests and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of such Originator under the Loan Documents, as amended by, and after giving effect to, this Amendment. (bc) The execution, delivery and effectiveness of this Second PSA Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Administrative Agent or the Lenders or any Agent under the Loan Documents. This PSA Amendment and the Amended Sale Agreement shall not constitute a novation of the Sale Agreement or the other Loan Documents. (id) Each Loan Party acknowledges The Originators, the Servicer and agrees the Buyer acknowledge and agree that, on and after the Second PSA Amendment No. 1 Effective Date, this Second PSA Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second AmendmentAmended Sale Agreement. (d) On and after the Second Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Mallinckrodt PLC)

Effects on Loan Documents. (a) From and after the Amendment No. 4 Effective Date, each reference in the Amended Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall, unless expressly provided otherwise, mean and be a reference to the Amended Credit Agreement and each reference in each other Loan Document to the Credit Agreement (including by means of words like “thereunder,” “thereof” and words of like import) shall, unless expressly provided otherwise, mean and be a reference to the Amended Credit Agreement. (b) Except as specifically expressly set forth herein, each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect and each Loan Party reaffirms its obligations under each of the Loan Documents to which it is party (including, for the avoidance of doubt, the Guaranty Agreement), and confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Amended Credit Agreement. (c) Except as expressly amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (bd) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender Lender, the Administrative Agent or any Agent other Secured Party under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or any Agent of the other Secured Parties under the Loan Documents. (ie) Each Loan Party acknowledges The other parties hereto hereby acknowledge and agrees agree that, on from and after the Second Amendment No. 4 Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) On and after the Second Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Amended Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Nn Inc)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The execution, delivery and effectiveness of this Second First Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any Agent under the Loan Documents. (i) Each Loan Party acknowledges and agrees that, on and after the Second First Amendment Effective Date, this Second First Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second First Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second First Amendment, on and after the Second First Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second First Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second First Amendment. (d) On and after the Second First Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second First Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second First Amendment, and this Second First Amendment and the Credit Agreement as amended by this Second First Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the BorrowersBorrower, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second First Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (International Seaways, Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) . The execution, delivery and effectiveness of this Second Fourth Amendment shall not operate as a waiver waiver, release or discharge of any right, power or remedy of any Lender or any the Pro Rata Agent under any of the Loan Documents, nor constitute a waiver waiver, release or discharge of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Pro Rata Agent under the Loan Documents. (i) . Each Loan Party Borrower and each of the Subsidiary Guarantors acknowledges and agrees that, on and after the Second Fourth Amendment Effective Date, this Second Fourth Amendment and each of the other Loan Documents to be executed and delivered by the Borrower in connection herewith shall constitute a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) Agreement. On and after the Second Fourth Amendment Effective Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Fourth Amendment, and this Second Fourth Amendment and the Credit Agreement as amended by this Second Fourth Amendment shall be read together and construed as a single instrument. (e) . Nothing herein shall be deemed to entitle the Borrowers, Holdings Borrowers nor the other Subsidiary Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Fourth Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (Herbalife Nutrition Ltd.)

Effects on Loan Documents. (a) On and after the Seventh Amendment Effective Date, each reference in any Loan Document to “the Credit Agreement” shall mean and be a reference to the Amended Credit Agreement and each reference in the Existing Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Credit Agreement. (b) Except as specifically amended herein or contemplated herebyherein, all Loan Documents (including the Guaranties and all Liens granted thereunder in respect of the Obligations) shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Each Amendment Loan Party reaffirms its Guaranties and any prior grant and the validity of any Liens granted by it pursuant to the Collateral Documents, with all such Liens continuing to secure the applicable Obligations in full force and effect after giving effect to this Amendment. (bc) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Administrative Agent or the Lenders or any Agent under the Loan Documents. This Amendment and the Amended Credit Agreement shall not constitute a novation of the Existing Credit Agreement or the other Loan Documents. (id) Each Loan Party acknowledges The Company and agrees the other parties hereto acknowledge and agree that, on and after the Second Seventh Amendment Effective Date, this Second Amendment shall constitute an Additional Credit Extension Amendment and a Loan Document for all purposes of the Amended Credit Agreement. This Amendment shall constitute notice to the Administrative Agent required under Section 2.17(a) of the Existing Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant with respect to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second AmendmentIncremental Revolving Increase. (d) On and after the Second Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (WEX Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The execution, delivery and effectiveness of this Second First Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Facility Agent or the Security Trustee under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Facility Agent or the Security Trustee under the Loan Documents. (i) Each Loan Security Party acknowledges and agrees that, on and after the Second First Amendment Effective Date, this Second First Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second First Amendment) and (ii) each Loan Security Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees set forth in Article VIII of the Credit Agreement in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second First Amendment, on and after the Second First Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Finance Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second First Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second First Amendment. (d) On and after the Second First Amendment Effective Date, (i) each reference in the Credit Agreement (as amended by this Second First Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second First Amendment, and this Second First Amendment and the Credit Agreement as amended by this Second First Amendment shall be read together and construed as a single instrument, and (ii) the First Incremental Commitments shall constitute part of the “Commitments” and “Total Commitments”. (e) Nothing herein shall be deemed to entitle the BorrowersBorrower, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second First Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (Eagle Bulk Shipping Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) . The execution, delivery and effectiveness of this Second First Amendment and the Amended Credit Agreement shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights rights, power and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (i) Each Loan Party . The Borrower and each of the Guarantors acknowledges and agrees that, on and after the Second First Amendment Effective Date, this Second First Amendment and each of the other Loan Documents to be executed and delivered by the Borrower or any Loan Party in connection herewith shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second First Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant , the “Amended Credit Agreement”). Prior to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) On and after the Second First Amendment Effective Date, each reference in the Credit Agreement (to “Term Loan” or “Term Loans” shall mean and be a reference to the existing Term Loans, and from and after the First Amendment Effective Date, each such reference in the Amended Credit Agreement shall mean and be a reference to the Term Loans as amended by this Second Amendment) hereby. On and after the First Amendment Effective Date, each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second First Amendment, and this Second First Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) . Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors Borrower or any Loan Party to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (Time Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any Agent under the Loan Documents. (i) Each Loan Party acknowledges and agrees that, on and after the Second Amendment Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) Section 5.1 On and after the Second Amendment Effective Date and the Modification Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall shall, in each case, mean and be a reference to the Amended Credit Agreement as amended to the extent the Modifications have become effective at such time. Section 5.2 Each Loan Party party hereto hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party and (ii) ratifies and reaffirms each grant of a lien on, or security interest in, its property made pursuant to the Loan Documents (including, without limitation, the grant of security made by such Loan Party pursuant to the Security Agreement) and confirms that such liens and security interests continue to secure the Obligations under the Loan Documents, subject to the terms thereof and notwithstanding the filing of any new Uniform Commercial Code financing statements on the Amendment Effective Date or the Modification Date. Neither this Second AmendmentAmendment nor the occurrence of the Amendment Effective Date or the Modification Date shall constitute a novation of any Obligations existing prior to the date hereof, and this Second Amendment and the Credit Agreement as amended by occurrence of the Amendment Effective Date or the Modification Date shall merely amend or otherwise modify such Obligations to the extent set forth herein. Section 5.3 The execution, delivery and effectiveness of this Second Amendment shall be read together and construed not, except as expressly provided herein, operate as a single instrument. (e) Nothing herein shall be deemed to entitle waiver of any right, power or remedy of any Lender or the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, Administrative Agent under any of the termsLoan Documents, conditionsnor constitute a waiver of any provision of any of the Loan Documents. On and after the Amendment Effective Date, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other shall constitute a Loan Document in similar or different circumstancesDocument.

Appears in 1 contract

Samples: Amendment Agreement (Perella Weinberg Partners)

Effects on Loan Documents. (a) On and after the Second Amendment Effective Date, each reference in any Loan Document to “the Credit Agreement” shall mean and be a reference to the Amended Credit Agreement and each reference in the Existing Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Credit Agreement. On and after the Second Amendment Effective Date, each reference in any Loan Document to “the Security Agreement” shall mean and be a reference to the Amended Security Agreement and each reference in the Existing Security Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Security Agreement. (b) Except as specifically amended herein or contemplated hereby, all Loan Documents (including the Loan Guaranties and all Collateral Documents) and the obligations of the Loan Parties under the Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmedconfirmed and shall not be affected by this Agreement. Each Loan Party hereby acknowledges and agrees that, after giving effect to this Agreement, all of its respective obligations, guarantees, pledges, grants of Liens, liabilities and other agreements or commitments under the Loan Documents to which it is a party, as such obligations, guarantees, pledges, grants of Liens, liabilities and other agreements or commitments have been amended by this Agreement, are reaffirmed, and remain in full force and effect. (bc) The Except as specifically amended hereby, the execution, delivery and effectiveness of this Second Amendment Agreement shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Administrative Agent or the Lenders or any Agent under the Loan Documents. This Agreement and the Amended Credit Agreement shall not constitute a novation of the Existing Credit Agreement or the other Loan Documents. This Agreement and the Amended Security Agreement shall not constitute a novation of the Existing Security Agreement. (id) Each This Agreement and the other Loan Party acknowledges Documents constitute the entire agreement among the parties hereto with respect to the subject matter hereof and agrees thereof and supersede all other prior agreements and understandings, both written and verbal, among the parties hereto with respect to the subject matter hereof. (e) The Borrower and the other parties hereto acknowledge and agree that, on and after the Second Amendment Effective Date, this Second Amendment Agreement shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) On and after the Second Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Amended Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (ATI Physical Therapy, Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated herebyexpressly set forth herein, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any rightalter, power or remedy of any Lender or any Agent under any of the Loan Documentsmodify, nor constitute a waiver of any provision of the Loan Documents amend or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any Agent under the Loan Documents. (i) Each Loan Party acknowledges and agrees that, on and after the Second Amendment Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) On and after the Second Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or any other Loan Document and each and every such term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect and nothing herein can or may be construed as a novation thereof. Each of Holdings, the Borrower and each of the other Loan Parties (i) reaffirms its obligations under the Loan Documents to which it is a party, (ii) acknowledges and agrees that all of its obligations under the Security Agreement and the other Collateral Documents to which it is party are reaffirmed and remain in full force and effect on a continuous basis, (iii) reaffirms each Lien granted by it to the Collateral Agent for the benefit of the Secured Parties and the guarantees made pursuant to the Holdings Guaranty and the Subsidiary Guaranty to which it is a party and (iv) acknowledges and agrees that the grants of security interests by and the guarantees of the Loan Parties contained in the Holdings Guaranty, the Subsidiary Guaranty, the Security Agreement and the other Collateral Documents are, and shall remain, in full force and effect after giving effect to this Second Amendment. This Second Amendment shall constitute a “Loan Document” for purposes of the Credit Agreement and from and after the Second Amendment Effective Date, all references to the Credit Agreement, the Subsidiary Guaranty or the Security Agreement in any Loan Document and all references in the Credit Agreement, the Subsidiary Guaranty or the Security Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to such agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement, the Subsidiary Guaranty and the Security Agreement, as applicable, as amended by this Second Amendment or any Amendment. The Borrower and each other Loan Document in similar or different circumstancesParty hereby consents to this Second Amendment and confirms that all of its obligations under the Loan Documents to which it is a party shall continue to apply to the Credit Agreement, the Subsidiary Guaranty and the Security Agreement, as applicable, as amended hereby.

Appears in 1 contract

Samples: Credit Agreement (Syniverse Holdings Inc)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated herebyherein, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) . The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (i) Each Loan Party . The Borrower and each of the Subsidiary Guarantors acknowledges and agrees that, on and after the Second Amendment Restatement Effective Date, this Second Amendment Amendment, the Joinders and each of the other Loan Documents to be executed and delivered by any Loan Party in connection herewith shall constitute a Loan Document for all purposes of the Amended and Restated Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) Agreement. On and after the Second Amendment Restatement Effective Date, each reference in the Amended and Restated Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Amended and Restated Credit Agreement as amended by this Second AmendmentAgreement, and this Second Amendment and the Amended and Restated Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) . Additionally, on and after the Restatement Effective Date, each reference to the “Guarantee and Collateral Agreement” in the Loan Documents shall mean and be a reference to the Amended and Restated Guarantee and Collateral Agreement. Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors any Loan Party to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended and Restated Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (KAR Auction Services, Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein On and after the effectiveness of this Amendment, each reference in any Loan Document to “the Credit Agreement” shall mean and be a reference to the Amended Credit Agreement and each reference in the Amended Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Credit Agreement. (b) Without limiting the foregoing, each of the Loan Parties further (i) hereby agrees that, immediately after giving effect to this Amendment and any transactions contemplated herebyto be consummated on the Amendment No. 1 Effective Date, all guarantees, pledges and grants of security interests, as applicable, under the Loan Documents (as in effect immediately prior to the Amendment No. 1 Effective Date) shall continue to be in full force and effect and are made and reaffirmed as of the Amendment No. 1 Effective Date and shall continue to inure to the benefit of the Lenders and the other Secured Parties under the Collateral Documents, and, to the extent it is the issuer of shares of stock, membership interests, or other Equity Interests that are pledged to the Agent under and pursuant to any Collateral Document, in its capacity as issuer thereof, hereby consents to and ratifies such pledge and (ii) hereby ratifies, confirms and agrees that all Liens granted, conveyed, or assigned by such Person pursuant to any Collateral Document to which it is a party remain in all respects ratified full force and confirmedeffect, are not released or reduced, and immediately after giving effect to this Amendment and any transactions contemplated to be consummated on the Amendment No. 1 Effective Date, continue in favor of the Agent, as “collateral agent” for the benefit of the Secured Parties, to secure full payment and performance of the Obligations and such Xxxxx continue unimpaired with the same priority to secure repayment of such Obligations whether heretofore or hereafter incurred and no new filings are required to be made and no other action is required to be taken to perfect or to maintain the perfection of such Liens. (bc) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Agent or the Lenders or any Agent under the Loan Documents. This Amendment and the Amended Credit Agreement shall not constitute a novation of the Existing Credit Agreement or the other Loan Documents. (id) Each Loan Party acknowledges The Lead Borrower and agrees the other parties hereto acknowledge and agree that, on and after the Second Amendment No. 1 Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) On and after the Second Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Amended Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Revolving Credit Agreement (Rayonier Advanced Materials Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) . The execution, delivery and effectiveness of this Second Third Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (i) . Each Borrower and each other Loan Party acknowledges and agrees that, on and after the Second Third Amendment Effective Date, this Second Third Amendment shall constitute a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) Agreement. On and after the Second Third Amendment Effective Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Third Amendment, and this Second Third Amendment and the Credit Agreement as amended by this Second Third Amendment shall be read together and construed as a single instrument. (e) . Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the Borrowers or any other Guarantors Loan Party to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Third Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (Icon PLC)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) . The execution, delivery and effectiveness of this Second Third Amendment shall not operate as a waiver waiver, release or discharge of any right, power or remedy of any Lender or any the Term Loan B Agent under any of the Loan Documents, nor constitute a waiver waiver, release or discharge of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Term Loan B Agent under the Loan Documents. (i) . Each Loan Party Borrower and each of the Subsidiary Guarantors acknowledges and agrees that, on and after the Second Third Amendment Effective Date, this Second Third Amendment and each of the other Loan Documents to be executed and delivered by the Borrower in connection herewith shall constitute a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) Agreement. On and after the Second Third Amendment Effective Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Third Amendment, and this Second Third Amendment and the Credit Agreement as amended by this Second Third Amendment shall be read together and construed as a single instrument. (e) . Nothing herein shall be deemed to entitle the Borrowers, Holdings Borrowers nor the other Subsidiary Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Third Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (Herbalife Nutrition Ltd.)

Effects on Loan Documents. (a) SECTION 5.1 Except as specifically amended herein or contemplated herebyherein, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (ba) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any Agent the Agents under the Loan Documents. Without limiting the generality of the foregoing, in entering into this Second Amendment, each of the Agents shall be entitled to all of the rights, benefits, privileges, protections, indemnities and immunities afforded to it pursuant to the Loan Documents. By its execution below, each of the Lenders party hereto, constituting all of the Lenders under the Existing Loan Agreement, has consented to the terms of this Second Amendment and hereby directs the Agents to enter into this Second Amendment. (ib) Each Loan Party acknowledges The Borrower and agrees the other parties hereto acknowledge and agree that, on and after the Second Amendment Effective Date, this Second Amendment and each of the other Loan Documents to be executed and delivered by a Loan Party in connection herewith shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Amendment) and (ii) each Existing Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second AmendmentAgreement. (dc) On and after the Second Amendment Effective Date, each reference in the Credit Existing Loan Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Existing Loan Agreement, and each reference in the other Loan Documents to “Credit Loan Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Existing Loan Agreement shall mean and be a reference to the Credit Agreement Existing Loan Agreement, as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (ed) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors Borrower to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Existing Loan Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances. (e) Section headings used herein are for convenience of reference only, are not part of this Second Amendment and are not to affect the construction of, or to be taken into consideration in interpreting, this Second Amendment. (f) Each Lender party hereto and each Loan Party acknowledges and agrees that in connection with that certain License, Development and Commercialization Agreement, dated as of May 11, 2022, by and among Navire Pharma, Inc., Borrower and Bxxxxxx-Xxxxx Squibb Company (the Prepayment Event arising therefrom, the “Navire Prepayment Event”), as of the date hereof, the mandatory prepayments made from the proceeds therefrom on or prior to the date hereof by the Borrower satisfy the mandatory prepayment requirements of Section 2.4(b)(i) of the Loan Agreement on or prior to the date hereof with respect to any proceeds received therefrom in all respects. For the avoidance of doubt, in connection with the Navire Prepayment Event, the mandatory prepayment requirements of Section 2.4(b)(i) of the Loan Agreement shall continue to apply to (i) any Net Cash Proceeds received after the date hereof and (ii) and any Overbudgeted Amount with respect thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (BridgeBio Pharma, Inc.)

Effects on Loan Documents. (a) SECTION 6.1 Except as specifically amended herein or contemplated herebyherein, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (ba) The execution, delivery and effectiveness of this Second Third Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any New Lender or any Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders any Lender, any New Lender or any Agent under the Loan Documents. (ib) Each Loan Party acknowledges The Borrower and agrees the other Credit Parties acknowledge and agree that, on and after the Second Third Amendment Effective Date, this Second Third Amendment and each of the other Loan Documents to be executed and delivered by a Credit Party shall constitute a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second AmendmentAgreement. (dc) On and after the Second Third Amendment Effective Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Amended Credit Agreement as amended by this Second AmendmentAgreement, and this Second Third Amendment and the Amended Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (ed) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors any Credit Party to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances. (e) Section headings used herein are for convenience of reference only, are not part of this Third Amendment and are not to affect the construction of, or to be taken into consideration in interpreting, this Third Amendment.

Appears in 1 contract

Samples: Credit Agreement (American Greetings Corp)

Effects on Loan Documents. (a) Except as specifically amended herein On and after the effectiveness of this Amendment, each reference in any Loan Document to “the Credit Agreement” shall mean and be a reference to the Amended Credit Agreement and each reference in the Amended Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Credit Agreement. (b) Without limiting the foregoing, each of the Loan Parties further (i) hereby agrees that, immediately after giving effect to this Amendment and any transactions contemplated herebyto be consummated on the Amendment No. 2 Effective Date, all guarantees, pledges and grants of security interests, as applicable, under the Loan Documents (as in effect immediately prior to the Amendment No. 2 Effective Date) shall continue to be in full force and effect and are made and reaffirmed as of the Amendment No. 2 Effective Date and shall continue to inure to the benefit of the Lenders and the other Secured Parties under the Collateral Documents, and, to the extent it is the issuer of shares of stock, membership interests, or other Equity Interests that are pledged to the Agent under and pursuant to any Collateral Document, in its capacity as issuer thereof, hereby consents to and ratifies such pledge and (ii) hereby ratifies, confirms and agrees that all Liens granted, conveyed, or assigned by such Person pursuant to any Collateral Document to which it is a party remain in all respects ratified full force and confirmedeffect, are not released or reduced, and immediately after giving effect to this Amendment and any transactions contemplated to be consummated on the Amendment No. 2 Effective Date, continue in favor of the Agent, as “collateral agent” for the benefit of the Secured Parties, to secure full payment and performance of the Obligations and such Xxxxx continue unimpaired with the same priority to secure repayment of such Obligations whether heretofore or hereafter incurred and no new filings are required to be made and no other action is required to be taken to perfect or to maintain the perfection of such Liens. (bc) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Agent or the Lenders or any Agent under the Loan Documents. This Amendment and the Amended Credit Agreement shall not constitute a novation of the Existing Credit Agreement or the other Loan Documents. (id) Each Loan Party acknowledges The Lead Borrower and agrees the other parties hereto acknowledge and agree that, on and after the Second Amendment No. 2 Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) On and after the Second Amendment Effective Date, each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Amended Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Revolving Credit Agreement (Rayonier Advanced Materials Inc.)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) . The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver waiver, release or discharge of any right, power or remedy of any Lender or any the Pro Rata Agent under any of the Loan Documents, nor constitute a waiver waiver, release or discharge of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Pro Rata Agent under the Loan Documents. (i) . Each Loan Party Borrower and each of the Subsidiary Guarantors acknowledges and agrees that, on and after the Second Amendment Effective Date, this Second Amendment and each of the other Loan Documents to be executed and delivered by the Borrower in connection herewith shall constitute a Loan Document for all purposes of the Amended Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) Agreement. On and after the Second Amendment Effective Date, each reference in the Amended Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (e) . Nothing herein shall be deemed to entitle the Borrowers, Holdings Borrowers nor the other Subsidiary Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (Herbalife Nutrition Ltd.)

Effects on Loan Documents. (a) SECTION 6.1 Except as specifically amended herein or contemplated herebyherein, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (ba) The execution, delivery and effectiveness of this Second Third Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Administrative Agent under the Loan Documents. (ib) Each Loan Party acknowledges The Borrower and agrees the other parties hereto acknowledge and agree that, on and after the Second Third Amendment Effective Date, this Second Third Amendment and each of the other Loan Documents to be executed and delivered by a Loan Party in connection herewith shall constitute a Loan Document for all purposes of the Existing Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second AmendmentAgreement. (dc) On and after the Second Third Amendment Effective Date, each reference in the Existing Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Existing Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement shall mean and be a reference to the Existing Credit Agreement Agreement, as amended by this Second Third Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument. (ed) Nothing herein shall be deemed to entitle the Borrowers, Holdings nor the other Guarantors Borrower to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances. (e) Section headings used herein are for convenience of reference only, are not part of this Third Amendment and are not to affect the construction of, or to be taken into consideration in interpreting, this Third Amendment.

Appears in 1 contract

Samples: Credit Agreement (Sinclair Broadcast Group Inc)

Effects on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender or any the Facility Agent or the Security Trustee under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or any the Facility Agent or the Security Trustee under the Loan Documents. (i) Each Loan Security Party acknowledges and agrees that, on and after the Second Amendment Effective Date, this Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement (as amended by this Second Amendment) and (ii) each Loan Security Party hereby (A) agrees that all Obligations shall be guaranteed pursuant to the Guarantees set forth in Article VIII of the Credit Agreement in accordance with the terms and provisions thereof and shall be secured pursuant to the Security Documents in accordance with the terms and provisions thereof, and that, notwithstanding the effectiveness of this Second Amendment, on and after the Second Amendment Effective Date, the Guarantees and the Liens created pursuant to the Security Documents for the benefit of the Secured Parties continue to be in full force and effect on a continuous basis and (B) affirms, acknowledges and confirms all of its obligations and liabilities under the Credit Agreement and each other Loan Document to which it is a party, in each case after giving effect to this Second Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the Obligations under the Credit Agreement and the other Loan Documents, in each case after giving effect to this Second Amendment. (d) On and after the Second Amendment Effective Date, (i) each reference in the Credit Agreement (as amended by this Second Amendment) to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Second Amendment, and this Second Amendment and the Credit Agreement as amended by this Second Amendment shall be read together and construed as a single instrument, and (ii) the Incremental Commitments shall constitute part of the “Commitments” and “Total Commitments”. (e) Nothing herein shall be deemed to entitle the BorrowersBorrower, Holdings nor the other Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Second Amendment or any other Loan Document in similar or different circumstances.

Appears in 1 contract

Samples: Credit Agreement (Eagle Bulk Shipping Inc.)

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